Police officer PJ Marbaniang’s death
By Our Reporter
SHILLONG, Aug 31: The High Court of Meghalaya has ruled that the case pertaining to the death of police officer PJ Marbaniang does not appear to be a fit case for any further or fresh investigation to be directed.
Disposing of a writ petition on Thursday, a division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said upon considering the matter afresh in the light of the directions issued by the Supreme Court and being alive to the extent of the authority available to a Constitutional Court when any anomaly as to any investigation is brought to its notice, it does not appear, particularly after eight years after the incident, that any further investigation or a fresh or de novo investigation should be called for.
The court recorded that the “matter has been gone into in considerable detail by reason of its very nature, despite the original petitioner being no longer available.”
The counsel originally engaged by the petitioner was allowed to participate in the proceedings.
“Upon hearing both the State and Counsel formerly engaged by the original petitioner, it does not appear that this is a fit case for any further or fresh investigation to be directed,” the court stated in its order.
The court hoped that the compensation due on account of the untimely and unnatural death of the official has been paid in accordance with law to the persons entitled thereto.
The court made it clear that no observation here should prejudice or influence the trial court in any manner whatsoever as the object of the present exercise was completely different.
The court was hopeful that the trial resumes immediately and the matter is brought to its logical conclusion in accordance with law as expeditiously as possible and, preferably, within six months.
A writ petition on the matter was disposed of by an order of March 22, 2016. However, an order dated May 8, 2023 was received by the High Court in which the Supreme Court set aside the order of March 22, 2016.
This required the High Court to decide and dispose of the writ petition afresh in accordance with law and on its own merits and taking into consideration the observations made by the High Court in reference to another case.